Who canceled the three public officials and nine ministers?

Sangong

The three most respected official positions in the ancient imperial court of China. This word was already used in the Zhou Dynasty. According to the Great Biography of Shangshu and the Book of Rites, the scholars in the Western Han Dynasty thought that the three fairs meant Sima (military, especially cavalry), Situ (prime minister) and Sikong (imperial history). According to Zhou Li, the classical scholars in ancient China believed that teachers, teachers and Taibao were three kinds of public officials. There were no three fairs in the Qin Dynasty. At the beginning of the Western Han Dynasty, the prime minister and censor were the main personnel who inherited the Qin system and assisted the emperor in governing the country. There is also the highest military attache Qiu, but I don't buy it often. Since Emperor Wudi, influenced by Confucian classics, Prime Minister, Imperial Advisor and Qiu have been called "Three Fairs".

In order to strengthen centralization of authority, Liu Che weakened the power of the prime minister. During the reign of Emperor Zhao, the position assisted by Huo Guang was General Fu. Later, Zhang Anshi, Shi Gao, Wang Feng and other ministers who enjoyed heavy power all held the post of General Fu. So the great Sima Quanling rode above the Prime Minister. In the first year of He Sui (the first eight years), He Wu's suggestion was adopted, and the suggestion was changed to general, and the method of Fu and general was improved to be equal to Cheng Gen, thus establishing a three-metric system of Fu, general and prime minister. In the second year of Ai Yuanshou (1), the name of the Prime Minister was changed to Da Situ, which is completely consistent with the three names mentioned in this article. And put the original Taifu and the newly added Taifu and Taibao above the three fairs, with high titles and no real power. Although there are three pillars in the Western Han Dynasty, Fu is still the most important, such as Dong Xian and Wang Mang, who are all good at politics. In the new era, it followed the three metric systems of the Western Han Dynasty.

There were three officials in the early years of the Eastern Han Dynasty. In 5 1 year, Fu was changed to Qiu, and Da Situ and Da Si were changed to Situ,. Each of the three fairs has a history of thousands of stones, and each has dozens of people. Take Taiwei as an example. There are Cao, Cao Dong, Cao Hu, Cao Zou, Cao Ci, cao thief, Cao Cang, who are in charge of everything. Sangongfu was referred to as Sanfu for short at that time. Taiwei still ranks first in the three fairs.

Liu Xiu, Emperor Guangwu of Han Dynasty, carried out a more extreme centralization of imperial power, and did not make power belong to ministers. In name, he set up three senior officials, but the real power gradually returned to Shangshutai. And emperors, imperial envoys, consorts and eunuchs are more authoritarian. Dou Xian and Liang Ji, consorts, are all worshipped as generals, and generals have official positions, ranking three. The three fairs not only surrendered to ministers, but also to consorts, eunuchs and some even their confidants. According to scholars, the prime minister assisted the emperor in managing Yin and Yang and arranging the four seasons. If there are various differences, the emperor and the prime minister will blame themselves. In the Eastern Han Dynasty, the criminal responsibility of the emperor was transferred to the three public offices, so whenever disasters such as floods and droughts occurred, the three public offices were often exempted. Therefore, Zhong Changtong said that the three fairs exist in name only and are "for their own employees".

At the end of the Eastern Han Dynasty, Dong Zhuo was the prime minister, ranking above the three fairs. In 208 AD, Cao Cao went to Sangong, set up a prime minister, an ancient scholar, and Cao Cao himself became the prime minister. In the Han dynasty, the three-metric system, which had been implemented for 200 years, came to an end.

Cao Wei restored the system of Ming, San and Gong. During the Wei, Jin, Southern and Northern Dynasties, Sangong was still in the best position, and the government set up aides. However, the purchase right was further transferred to the Shangshu institution. In the Sui Dynasty, the three official positions were no longer open, and all the assistants were revoked, which completely became a virtual position or "upper position". After the Song Dynasty, they were often called Taishi, Taifu and Taibao, but the nature of their virtual titles remained unchanged and gradually evolved into adding officials and giving them away. Ming and Qing are the same.

Jiuqing

A court official who was in charge of government affairs during the Qin and Han Dynasties and gradually lost his real power after the Wei and Jin Dynasties.

Different generations of "Jiuqing" are different. In the Western Han Dynasty, Jiuqing meant Lieqing or other ministers. There is such a saying in the pre-Qin literature, but there is no such system in the Qin Dynasty, and the names of Jiupin nobles are not seen in the early years of the Western Han Dynasty. It was only after Emperor Wu of the Han Dynasty that people attached a high-ranking official with a rank of 2,000 stones to Gu Jiuqing because of the influence of Confucian retro trend of thought. In Xuan Di and Yuan Di, the title of Jiuqing appeared in imperial edicts. However, there are more than a dozen honest officials in Hanshu, such as Taichang, Guangluxun, Taifu, Tingwei, Dahong, Dasinong, Shaofu, Wei, Zhijinwu, Right Civil History, Left, Lord Jue and Prince Taifu. If we define Jiuchong as nine official posts and start from scratch, in terms of system, 2000 stones will be clear. That is to say, Fu, Da Situ Sizhi, Da Siruo, He, Zuo Tu, Zhi Zong, Dian Le, * * Gong, and Jiu Qing belong to the three fairs.

Like New China in the Eastern Han Dynasty, the central government had nine official posts. The Book of Continued Han Dynasty defines Taichang, Guangluxun, Wei, Taifu, Tingwei, Dahonglu, Zong Zheng, Dasinong and Shaofu as Jiuqing. After Jiuqing was designated as nine officials, other important officials close to Jiuqing were excluded from Jiuqing. From the late Eastern Han Dynasty to the Three Kingdoms, some people tried to defend this unreasonable phenomenon. Liu Xi's Ming Shi denies that there were nine Qing Dynasties in the Han Dynasty, and thinks it is twelve Qing Dynasties. Zhao Wei's "Argument and Interpretation of Names" thinks that Jiuqing is to correct Jiuqing, and there are so-called foreign ministers besides Jiuqing.

After Wei and Jin Dynasties, Jiuqing was mostly the same as the Eastern Han Dynasty, and only Tingwei was sometimes renamed Dali. Northern Wei Dynasty changed Shaofu into Taifu. Therefore, the Jiuqing in Sui and Tang Dynasties were Taichang, Guanglu, Wei, Tai Fu, Dali, Hong, Sinong and Tai Fu, and had no administrative power. There were many provinces and amalgamations in Southern Song Dynasty, Jin Dynasty, Yuan Dynasty, Nine Qing Dynasty. In the Ming and Qing Dynasties, it was changed into six departments, namely, officials, households, rituals, soldiers, punishments and workers, all of which were suggestions, and Dali Temple Secretary and General Political Department Ren Jiuqing. The former nine officials may have reservations, but they all became empty titles or additional officials.

One or three divisions (a surname, a teacher, a Pacific Insurance) or three fairs (Qiu, Situ,)

Taishi-the background of Zhou Dynasty. Ancient Chinese writers regard Taishi, Taifu and Taibao as three public figures. During the Spring and Autumn Period, Jin, Chu and other countries were located along the border. The restoration of the abolished Qin dynasty is above the teacher. Hanshu. "Guan Bai Gong Qing Biao": "Taishi and Taibao are ancient officials, and they all began to set up the flat emperor in the early Yuan Dynasty, with gold and purple ribbons." Sui dynasty abolished this post again, and Tang Zhenguan resumed it in the eleventh year. Make a positive product.

A teacher-the background of Zhou Dynasty. The restoration of the Han Dynasty was second only to Taishigong. It is often used to give titles to big officials in past dynasties, but there is no real position. Hanshu. "Hundred Officials List": "A certain division, an ancient official, was first placed high, and the golden ribbon ... was placed on the three fairs." "The history of the later han dynasty. Baiguan: "Teachers are servants. This note says: the palm is a kind guide and the position is impermanent. Sai-jo took Zhuo Mao as his teacher and he saved the province. " Make a positive product. After the abolition of the Sui Dynasty, eleven years after Zhenguan.

Taibao-the background of Zhou Dynasty. The restoration of the Han Dynasty was second only to that of Tai Fu. It is often used to give titles to big officials in past dynasties, but there is no real position. History of Emperor Han Ping: "Wang Mang is the teacher and the fourth assistant." The Sui Dynasty was abolished, eleven years after the Tang Dynasty.

Taishi, Taifu and Taibao were called "three divisions" in ancient times, and were called "three divisions" after the Northern Wei Dynasty. It can be listed as a product, but it is only an empty title and has no real job. "New Tang Book": "A teacher, a teacher, and a Taibao, each with one person, are taught by the third division ... The third division taught by the Emperor of Heaven has no overall responsibility and is short of people." What I want to say here is that the third division has other meanings. It is a post of prince education, not here. By the Tang Dynasty, the Third Division was already a symbolic position and had no rights.

Qiu was an intermediate military attache in the Qin Dynasty and the leader of the highest armed forces in the early Han Dynasty. But this is a virtual title. Something can be used, nothing can be saved. Seldom deal with the actual affairs of the army. In the Eastern Han Dynasty, Qiu, Situ and Sikong were both called "three fairs", ranking the highest, and there were many in all dynasties, but later they gradually became officials and had no real power. Tang is one of the three fairs.

Stuart-Western Zhou Dynasty. Spring and autumn along the set. In charge of the land and people of the country. When the Western Han Dynasty mourned the emperor, the Prime Minister was renamed Da Situ, and in the Eastern Han Dynasty it was renamed Situ. During the Three Kingdoms, the Jin Dynasty and the Southern and Northern Dynasties, Si Tuleideng was also called the Prime Minister. Tang is one of the three fairs.

Sikong-Western Zhou Dynasty. During the Spring and Autumn Period and the Warring States Period, he was in charge of the project. When the Western Han Dynasty proclaimed itself emperor, it changed the ancient imperial doctor into an ordinary one. Later generations took it as another name of the Ministry of Industry, and the assistant minister called it less use.

The word "three publics" has different opinions in past dynasties. In the Zhou Dynasty, Taishi, Taifu and Taibao were regarded as three public officials. Book Zhou Guan: "Set up a surname, a teacher, and a Taibao. We are just three public officials, talking about governing the country and reasoning about yin and yang. It doesn't have to be an official, just a person. " . Hanshu. Official List: "A Taishi, a Taifu and a Taibao are officials for the benefit of the three public interests. They sit and talk about politics, they are all presidents, and they don't take an official position. " In the Western Han Dynasty, the Prime Minister, Qiu and Jinshi were three officials; in the Eastern Han Dynasty, Qiu, Situ and Jinshi were three officials. The Tang dynasty attacked the sui system, so the three officials of the sui dynasty were the content.

Second, the merger of three provinces (Zhongshu, Menxia, Shangshu)

In the early Tang Dynasty, due to the Sui system, the ministers of the three provinces discussed state affairs.

So is the position of prime minister. "("New Tang Book "-Guan Baiyi). In other words, Tang did not have the position of prime minister, but the three provinces negotiated some things and jointly performed the duties of prime minister.

Shangshu province-established in the Eastern Han Dynasty, known as Shangshutai, or Zhongtai. In the Northern and Southern Dynasties, it was called Shangshu Province, which was placed under Cao Cao, and it was the general agency of the central government to carry out government affairs. In the Tang Dynasty, it was renamed Wenchangtai, Doutai and Zhongtai, and its old name was restored. Shangshu province has six departments, namely, officials, households, rituals, soldiers, punishments and workers. Together with Zhongshu province and Menxia province, it is called three provinces. The chief officer is Shang Shuling (second class), and the deputy is the left and right servants (second class). Another person, Zuo Cheng (in the fourth grade), is in charge of the official department, the household department and the ritual department. Especially become a person (below level 4), in charge of the Ministry of War, the Ministry of Punishment and the Ministry of Industry. There are also three names: doctor and master. Used to treat things in different ways. Although they have evolved for many years, they have been ignored because they are so small. Since the Sui and Tang Dynasties, it is the general name of the departments of officials, households, ceremonies, soldiers, punishment and industry in the central administrative organs. Also known as "Liu Cao". His position was divided by Jiuzhong in Qin and Han Dynasties. After Wei and Jin Dynasties, Shang Shu was divided into Cao Zhi and Cao Gradually became the department. It was not until the Sui and Tang Dynasties that the gate was identified as an integral part of Shangshu Province. Compared with Zhou Li's six departments, most of the duties of the nine ministers in Qin and Han Dynasties were included in them, including officials, households (hereinafter referred to as the Ministry of Civil Affairs), rituals, soldiers, punishments and workers.

Official Department —— In the Eastern Han Dynasty, Cao, the official servant of Shangshu, was changed to Cao, later changed to Cao, and was called the official department after Wei and Jin Dynasties. During the Sui and Tang Dynasties, it was listed as the first of the six departments of Shangshu Province, in charge of the appointment, dismissal, examination, promotion and transfer of state officials, and it was the official department's Shangshu. "New Tang book. "Baiguan Record": "Official Department. Shangshu is a person, he is the doctrine; Two assistant ministers are all four products; Two people in Langzhong are all five products; Yuan Wailang, two people, born in six grades, is responsible for the selection, awarding and examination of works. Judge Sanquan is the best material in the world, and according to his merits and demerits, such as body, speech, writing, judgment, morality, talent and efficiency, he will stay to remember it ... It is divided into four categories: one is the official department, the other is the seal, the third is the respect, and the fourth is the examination. "

After the Three Kingdoms and Wei Dynasties, the Ministry of Housing and Urban-Rural Development was a permanent minister to support finance, and the Sui Dynasty was renamed the Minister of Civil Affairs. Tang taboo Taizong, renamed the Ministry, as one of the six departments of Shangshu Province, in charge of land, household registration, taxation, fiscal revenue and expenditure and other affairs throughout the country. The Chief Executive is the Minister of Household Affairs. New Tang book Baiguanlu: "The Ministry of Housing. Shangshu is a person, he is the doctrine; Two assistant ministers, just four products. Responsible for the difference between land, people, money valley politics and tribute. It belongs to four departments: one is the household department, the other is the branch office, the third is the gold department, and the fourth is the warehouse department. "

The Ministry of Rites-The Eastern Han Dynasty set Cao as the guest of honor in the south and Cao as the guest of honor in the north, and was in charge of the war between vassal States, located along the Wei and Jin Dynasties. In the Eastern Jin Dynasty, ancestral temples were set up to offer sacrifices. The Northern Zhou Dynasty began to set up the Ministry of Rites. Sui and Tang dynasties, according to its name, were set as one of the six departments of Shangshu Province, in charge of etiquette, sacrifice and tribute, and the chief executive was Shangshu, the Ministry of Rites. Old Tang books. Official History 2: "Shangshu, assistant minister, is in charge of etiquette, sacrifice and tribute in the world. It belongs to four departments: one is the memory department, the other is the ancestral department, the third is the catering department, and the fourth is the subject and guest department. " "Comrade. Official three. Book of Rites: "When Tang Yu was in power, it was listed as the three rites of Zong Dian."

Ministry of War-Wei of the Three Kingdoms placed five soldiers as ministers, in charge of soldiers, foreign soldiers, cavalry, other soldiers and all soldiers. In the Jin Dynasty, a driving division, a car division and a treasury division were added to take charge of chariots, horses and weapons. Sui and Tang dynasties were named as one of the six departments of Shangshu Province because of the old name of the Northern Zhou Ministry of War. In charge of the selection of military attaché s throughout the country, the politics of military titles, weapons and orders, the history of the Ministry of War, sir. "New Tang book. Baiguan Record: "Ministry of War. Shangshu is a person, he is the doctrine; Two assistant ministers, just four products. In charge of selecting soldiers, maps, chariots and horses, and armor. It belongs to four departments: one is the Ministry of War, the other is the staff officer, the third is the driving department, and the fourth is the treasurer. "

The punishments-the Western Han Dynasty put two thousand stone Cao Zhang in jail, and the third prince Cao decided the case. After the Wei and Jin Dynasties, the criminal law was dominated by the three offices and the Ministry of Foreign Affairs, and the military prison was dominated by all officials. The Northern Zhou Dynasty began to set up punishments. Sui and Tang Dynasties, according to its name, were set as one of the six departments of Shangshu Province, in charge of law, prison and other affairs, and the chief executive was Shangshu of the Ministry of Punishment. Future generations will not change. Old Tang books. Official history 2: "Shangshu, assistant minister, is in charge of the criminal law and the laws of exile, hook and prohibition." It is divided into four departments: first, the Ministry of Punishment; second, officials in the capital; third, Bibi; and fourth, Simen. ""Tongdian. Official three. History of punishments: "History of punishments. Tang Yushi, the sergeant was sentenced to five sentences. "Zhou Li Qiu Guan": "Appoint the big sheep herder. When Han became emperor, Shangshu first set up 2,000 stone Cao, the main county and county set up 2,000 stone Cao, and set up three officials Cao. The main prison was broken ... In the second year of Wei Qinglong, Shangshu was appointed as an official lang to assist the army. Jin Fu and three ministers are in charge of the prison. In the Song Dynasty, the three fairs were everywhere in charge of criminal law, and the capital's ministers were in charge of military prisons. " And "next week, there will be Qiu Guan's great Si Kouqing, who is in charge of punishing the country, and his subordinate is also a doctor of punishments, who is in charge of the law of five punishments ... [Sui] opened the emperor for three years and changed the official of the capital to the minister of punishments."

The Ministry of Industry-Sui and Tang Dynasties, formerly known as the Ministry of Industry of the Northern Zhou Dynasty, was set as one of the six ministries of Shangshu Province, in charge of various projects, artisans, land reclamation, water conservancy and transportation, and the chief executive was Shangshu of the Ministry of Industry. Future generations will not change. "New Tang book. "Baiguan Zhi": "Ministry of Industry, a history, three products; An assistant minister belongs to four categories ... There are four departments: the Ministry of Industry, the Ministry of Agriculture, the Ministry of Security and the Ministry of Water Resources. "

Menxia Province-There was a stone bell temple at the end of the Eastern Han Dynasty, which was called Menxia Province in the Jin Dynasty. It was originally the emperor's retinue and advisory body. During the Northern and Southern Dynasties, the power gradually expanded, and the Northern Dynasty became the center of gravity of the central political institutions. The Tang Dynasty, Zhongshu and Shangshu were collectively called the three provinces. Co-management of state affairs, examination of imperial edicts, signature and seal with Zhongshu Province, with the right to refute. There is a saying in Old Tang Book. Official History 2: "In the early years of Qin and Han Dynasties, there was no name of Taiwan Province Province. From the Jin Dynasty, it was placed in the province under the door, resulting in the Northern and Southern Dynasties. Longshuo was changed to Dongtai, and Guangzhai was changed to Luantai to restore the dragon. "

In Wei and Jin Dynasties, Zhongshu Province was established, and the scale of Liang and Chen was good. This is an institution that inherits the will of the emperor, holds confidential information and issues government decrees. Along the Sui and Tang Dynasties, it gradually became the center of the national government. The Sui Dynasty avoided Yang Zhong and changed the internal history and the internal books. In the Tang Dynasty, it was renamed Xitai, Fengge and Wei Zi, and later renamed Jiutai. Together with the door and the ministers, it is called the three provinces. Decision-making in the book, through the door, is carried out by Shangshu Province. During the Wei and Jin Dynasties, its chief officials were the supervisor and the secretary-general, while the Sui Dynasty abolished the supervisor and only retained the post of the secretary-general. In the Tang Dynasty, it was renamed as Right Phase, Fengge Order and Wei Ziling. There are assistant minister of Zhongshu and Sheren of Zhongshu. The Book of the Old Tang Dynasty Official History II said: "The Qin Dynasty began to set up the word' Chong', and the Han and Yuan emperors set up the word' Chong'. Books in the clouds in past dynasties. The later Zhou Dynasty was called the province of internal history, and the Sui Dynasty set up an internal history supervisor and an internal history order because of the province of internal history. Yang-ti was changed to the province of internal books. Wude was restored as a province of internal history and changed to Hanshu province in three years. Longshuo was changed to Xitai, Guangzhai to Fengge, and Shenlong was restored to Zhongshu Province. In the first year of Kaiyuan, it was changed to Wei Zi Province and revived in five years. " About its function. There is such a record in the Book of the New Tang Dynasty: "The emperor is in charge of major policies, which is always easy to judge. Wang Yan has seven systems: first, publishing a book, establishing a queen and a crown prince, and sealing the king for Lin Xuan's life; 2. Making books, rewarding and punishing prisoners, and pardoning prisoners, except for granting them for external use; Third, make a comfort book to use when praising and praising labor; Fourth, in addition to exempting officials and granting officials with more than six grades, it is used to abolish counties, increase or decrease officials and send troops; Five orders, please use them when the officials play; Sixth, the book is about things, which is used to cancel the contract; Seventh, tell a story, make it according to the situation, and use it if it doesn't work well. Statement reply, and then do what you want to do. The big sacrifice is a ceremony; If the personal expedition is strict, you will resign; If you were on the porch, you would read this book; If life is in North Korea, it will be announced. Book the prince, and then award the ribbon. All the articles made are presented to the officials who take notes. " It is more detailed.

Ancient judicial institutions

In the operation of the law, the formulation and implementation of the law are in an equally important position, and the formulation of the law should be complete and the implementation of the law should be in place. The judiciary is the key to the implementation of the law. Whether the law can be implemented is an important factor that requires the judicial organs to enforce the law fairly. Therefore, the establishment of judicial structure is an important link in the construction of legal system. In ancient China, there was a long-term legal system. At the beginning of the ancient dynasty, an important thing was to formulate and promulgate its own laws. Scholars who study ancient Chinese law mostly study the legal system of each dynasty in depth, and seldom study the judicial institutions established in each dynasty. In this paper, I want to sort out the ancient judicial institutions in China, so as to help scholars further study.

In the history of China, different dynasties established different judicial institutions. Although the role of the judiciary is to enforce the law, the organizational structure of the judiciary is different because of the different original intentions of the rulers to set up the judiciary. Looking at the judicial institutions of various dynasties in ancient China, a prominent feature is that special judicial institutions have been set up in the central government, and some of them are quite complete. But in local judicial institutions, it is a combination of administrative institutions.

I. Xia and Shang Dynasties

Xia and Shang dynasties all belonged to a slave society. Although laws have been enacted, such as Yu punishment in Xia dynasty and Tang punishment in Shang dynasty, there is no special judicial institution among judicial institutions. In slave society, the king can handle all state affairs, so Wang Xia and Wang Shang are the highest owners of state judicial power, and they also have legislative power and administrative power. Under the king, there are many governors, usually controlled by nobles. Every vassal state has jurisdiction over a vassal state. Governors have great power and independent judicial power over the vassal States under their jurisdiction, and kings generally cannot interfere. Because during the period of slavery, centralization had not yet been formed, vassals had great independence rights, and in their own jurisdictions, they had rights equivalent to kings.

Second, the Western Zhou Dynasty

The Western Zhou Dynasty, like the Xia and Shang Dynasties, belonged to a slave society, but its laws were much more perfect than those of the Xia and Shang Dynasties. It not only put forward the legal thought of "prudence", but also incorporated "ceremony" into the law, which initiated the integration of ceremony and law. From then on, the thought of "courtesy" began to take root in ancient Chinese laws, forming a unique legal system in ancient China.

The central judicial organs in the Western Zhou Dynasty were also relatively perfect. Zhou Wang and the vassal states have full-time judicial institutions to become shepherds. "The scooter is the main bandit" (Book of Rites Quli). Scott is divided into big Scott and small Scott. Big Scott assisted Zhou Wang to exercise judicial power, while little Scott was responsible for specific judicial work.

During the Western Zhou Dynasty, local judicial organs included village officials, local officials, county officials and other full-time judicial officials. "Scholar" is the general name of judicial officials in the Western Zhou Dynasty.

Third, the Qin dynasty

The Qin Dynasty was a unified feudal dynasty after the Spring and Autumn Period and the Warring States Period, and it was also the first centralized feudal dynasty. Many legal systems in the Qin Dynasty followed the legal system of the Qin State in the Warring States Period, and formulated legal systems and guided the implementation of laws in accordance with the political thoughts of legalists. Implement the system of "laws to follow, severe punishment and severe punishment", unify the laws and make them public.

In the Qin Dynasty, the central judicial organ was composed of Ting Wei and the physician. The meaning of the word Ting Wei is written in Hanshu Shangshu Official Table. "The hearing must be in the hands of the court, and the soldiers and prisons are in the same system, so it is called Ting Wei." The interpretation of "Ting" is: "Ting, Ping also. The cost of managing prisons is very high, so I think it is a number. " The explanation of "Wei" is: "From top to bottom, I said Wei." It can be seen that the word Ting Wei means to handle disputes fairly and make the country and people safe. Ting Wei's main duty is to hear cases granted by the emperor, state complaints and difficult cases.

Another judicial institution, Shi Yu, has an official, Dr. Shi Yu, who is the highest supervisory official. His position is second only to that of the Prime Minister. For the trial of major cases, there must be the participation of the censor, so the censor is also the central judicial institution.

Local judicial organs shall be undertaken by local administrative organs. County and county local institutions were set up in Qin Dynasty. The county magistrate and the county magistrate have executive power and judicial power, and handle ordinary cases within their respective jurisdictions on their own. For difficult cases, they can be reported to Tingwei for handling. Under the county magistrate, there are resignation of Cao Pi's history and fixed Cao Pi's history, and under the county magistrate, there are resignation of Cao Pi's history and prison history. These institutions are all assisting county heads and county heads in judicial work.

In addition, there are lower administrative levels such as townships, pavilions and villages below the county level. Villages and towns have "ranks" responsible for handling minor criminal and civil disputes in villages and towns, "pavilions" and "Li Dian" in pavilions, all of which are grass-roots administrative units, and also take care of or assist in handling criminal and civil disputes.

Fourth, the Han Dynasty

Based on and drawing lessons from the legal system of Qin dynasty, and absorbing the failures and lessons of Qin dynasty, the legal system of Han dynasty developed in a more mature direction. In legal thought, Confucianism is the main idea, supplemented by legalism, which abolished the practice of "severe punishment" and put forward "taking morality as the main punishment" That is to say, education should be given priority, supplemented by punishment, so as to achieve the effect of combining leniency with severity and Song Yan's rule.

The development of legal system in Han Dynasty is also reflected in the formation of relatively perfect judicial institutions. Among the central judicial organs, there are three institutions: Shangshu, Tingwei and Shi Yu.

During the period of Emperor Wu of the Han Dynasty, in order to limit the expansion of mutual rights, the judicial institution "Shangshu" was established. The power of judicial trial was transferred to Shang Shu and Ting Wei.

Ting Wei got a more complete development in the Han Dynasty, and established Ting Kevin·Z (in charge of difficult cases), Ting Wei's left and right prisons (in charge of arresting criminals) and Ting Wei's left and right prisons (in charge of general cases), which made Ting Wei's functions more complete and the division of labor more and more detailed.

The function of the censor is the same as that of the Qin dynasty, which is dedicated to supervising civil and military officials. If he finds any violation of law and discipline, he can play impeachment. At the same time, Yushi can also handle difficult cases with Ting Wei.

The appearance of three judicial institutions, Shangshu, Tingwei and Shi Yu, laid the embryonic form for the later pattern of "separation of powers" in trial, examination and supervision.

Similar to the Qin dynasty, local judicial institutions were set up at the county level, and there was no distinction between justice and administration. The sheriff and the county magistrate control the judicial power in this area. The internal judiciary is divided into many small departments. For example, the thief Cao is responsible for catching thieves; Cao resigned from the lawsuit; Decide Cao and be responsible for the execution of the judgment; People forgive, try and make judgments. It can be seen that during the Han Dynasty, both the central and local judicial institutions were relatively complete.

Five, the Three Kingdoms, the Jin Dynasty and the Southern and Northern Dynasties

The period of the Three Kingdoms, the Jin Dynasty and the Southern and Northern Dynasties was a period of political chaos, but the legal system was perfect. For example, the Northern Qi enacted the Northern Qi Law, inherited the advantages of Qin and Han laws, and established the system of "Ten Serious Crimes" and "Five Penalties", which laid the foundation for the "Ten Evil Crimes" and "Five Penalties" in Sui and Tang Dynasties.

The central judicial organs in this period mainly included Tingwei, Shangshu and Shi Yu, among which Tingwei was changed to "Dasikou" in the Northern Zhou Dynasty and "Dali Temple" in the Northern Qi Dynasty, but no matter what the title, its status as the highest judicial organ remained unchanged. However, during this period, the organization of the ministers was gradually strengthened, while Ting Wei's rights were reduced, and part of the judicial power was transferred to the ministers.

Local judicial institutions are the same as those in Qin and Han dynasties, with unified judicial administration and county orders as their duties.

Sixth, Sui and Tang Dynasties

The legal system in Sui and Tang Dynasties is the most perfect and representative legal system in feudal legal system. There are not only ten evils, five punishments and other systems, but also eight discussions, official duties and other legal systems. It is also the most perfect in judicial institutions, forming a judicial trial system in which Dali Temple, Ministry of Punishment and Yushitai are separated.

Dali Temple, which was transformed from the original pavilion, was called "Dali Temple" in the Northern Qi Dynasty. It is the highest judicial organ, responsible for hearing cases of exile or above.

The punishments department is responsible for reviewing cases in which Dali Temple was sentenced to exile or above. Yushitai is responsible for supervising civil and military officials. But you can also participate in the trial of major unjust cases. Thus, a judicial trial system was formed in which Dali Temple was responsible for the trial, the Ministry of Punishment was responsible for the review and Yushitai was responsible for the supervision. Of course, there is an emperor above the three judicial institutions, who dominates all administrative, judicial and legislative powers.

The local judicial organs in Sui and Tang Dynasties were still local administrative organs. For example, at the state (county) level, "Cao" is established to accept criminal cases and "Hu Si" is established to accept civil cases. There are judicial assistants and historians in the county to assist the county magistrate in handling criminal and civil cases. Township officials, Li Zheng, Founder and Village Zheng established in townships, towns and villages below the county level shall have jurisdiction over civil cases such as marriage and land within their respective jurisdictions.

Seven. Song dynasty

The judicial system of the Song Dynasty mostly followed the system of the Tang Dynasty, but it was also different. Dali Temple and the Ministry of Punishment kept their responsibilities unchanged, but in the early Song Dynasty, in order to strengthen centralization, a court was set up, also known as the court court, which was the trial organ in the early Song Dynasty and also had the power of trial. Therefore, the rights of punishments and Dali Temple have been weakened. Song Shenzong Xining three years later, the trial court was abolished, and the right of trial and review returned to Dali Temple and the Ministry of Punishment.

Yushitai can not only accept the rights of Tang envoys, but also accept cases of officials accepting bribes and local complaints.

In addition, three statutory bodies were established in the Song Dynasty, namely, the Drum Tower, the Procuratorate and the Li Procuratorate, to handle cases directly appealed to the court and unfair cases appealed.

Eight, the yuan dynasty

The Yuan Dynasty was ruled by ethnic minorities, and the establishment of judicial institutions was rather chaotic. It followed the system of Tang and Song Dynasties, but it was deleted. The central judicial organ has set up a big government, a criminal department and a Zheng Xuan court. Bulk payment is the central judicial organ similar to Dali Temple. The review function of the Ministry of Punishment remains unchanged, but at the same time it is endowed with some judicial functions. Hyun Positive Yuan mainly manages cases of monks. The function of Yushitai remains unchanged.

The local judicial organs are Dao, Fu, Fu and County.

Nine, the Ming dynasty

The Ming Dynasty re-established the Dali Temple abolished by the Yuan Dynasty, but its responsibilities were changed to the legal review organ. As the central judicial organ, the Ministry of Punishment. All criminal cases have to be audited by Dali Temple, which shows that the role of punishment and Dali Temple is just the opposite to that of Tang and Song Dynasties. Yushitai was changed to Duchayuan, and its responsibilities remained unchanged. It was a supervisory official, participating in the trial of major cases and redressing unjust cases.

The local judicial organs are at three levels: Dao, Di and County, and are responsible for the cases under their jurisdiction.

X. Qing dynasty

The judiciary has maintained the establishment of the three major judicial institutions in the Ming Dynasty, with similar responsibilities, but the judicial power of the Ministry of Justice is greater. Among the three major judicial institutions, the Ministry of Justice is the number one, and it is not restricted by Dali Temple and Duchayuan. In the Qing Dynasty, a special judicial institution was set up to deal with minority affairs. Cases within the royal family are handled by the alert department of Zongrenyuan and the Ministry of the Interior.

Local judicial organs include provincial, prefectural and county judicial organs.

From the above analysis, we can see that in ancient China, the judiciary was set up by the central government, and the local government was an integrated system of justice and administration. Therefore, on the whole, it can be said that there is no difference between justice and administration. Even if a full-time judicial institution is set up in the central government, it is subordinate to the administration. It is impossible for full-time judicial institutions to exercise judicial power independently, because the appointment and removal of judicial officials is decided by the emperor, who is a unique individual with legislative power, judicial power and administrative power, which determines that the judicial institutions in ancient China cannot be independent, nor can they exercise judicial power independently.